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Post by nowayhaha on Mar 14, 2013 17:08:44 GMT 3
Chief Justice Will Mutunga should disqualify himself from hearing the case due to his political ties with Raila Odinga - -He once worked with Raila Odinga in a pro-democracy group known as the young turks - On record as saying that Kenya’s transition needs Raila as the president of this country and the remarks were a contribution to Railas Biography en.wikipedia.org/wiki/Willy_MutungaIn 1992, Mutunga joined the ranks of the country's pro-democracy Young Turks,[11] which included, among others, Paul Muite, James Orengo, Kiraitu Murungi, Gitobu Imanyara, and Raila Odinga.www.washingtonpost.com/world/africa/election-dispute-big-test-for-kenyas-top-judge-who-once-said-kenya-needs-odinga-as-president/2013/03/12/b233e17c-8b15-11e2-9b1a-deb258a24f2d_story.htmlMutunga’s career as a social and political activist has placed him near Kenya’s top politicians for decades, and he’s shared his opinion on them. One quote from the 2006 book “Raila Odinga: An Enigma in Kenyan Politics” may become an issue for the case he soon presides over. “I am convinced Kenya’s transition needs Raila as the president of this country,” author Babafemi A. Badejo quotes Mutunga as saying.Mutunga knows Odinga well. In the late 1970s, as former Kenyan President Daniel arap Moi consolidated his hold on power, Mutunga was jailed in 1982, the same year Odinga was detained for alleged treason. Later the two joined a pro-democracy group called the Young Turks. |
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Post by Deleted on Mar 14, 2013 19:21:02 GMT 3
Chief Justice Will Mutunga should disqualify himself from hearing the case due to his political ties with Raila Odinga - -He once worked with Raila Odinga in a pro-democracy group known as the young turks - On record as saying that Kenya’s transition needs Raila as the president of this country and the remarks were a contribution to Railas Biography en.wikipedia.org/wiki/Willy_MutungaIn 1992, Mutunga joined the ranks of the country's pro-democracy Young Turks,[11] which included, among others, Paul Muite, James Orengo, Kiraitu Murungi, Gitobu Imanyara, and Raila Odinga.www.washingtonpost.com/world/africa/election-dispute-big-test-for-kenyas-top-judge-who-once-said-kenya-needs-odinga-as-president/2013/03/12/b233e17c-8b15-11e2-9b1a-deb258a24f2d_story.htmlMutunga’s career as a social and political activist has placed him near Kenya’s top politicians for decades, and he’s shared his opinion on them. One quote from the 2006 book “Raila Odinga: An Enigma in Kenyan Politics” may become an issue for the case he soon presides over. “I am convinced Kenya’s transition needs Raila as the president of this country,” author Babafemi A. Badejo quotes Mutunga as saying.Mutunga knows Odinga well. In the late 1970s, as former Kenyan President Daniel arap Moi consolidated his hold on power, Mutunga was jailed in 1982, the same year Odinga was detained for alleged treason. Later the two joined a pro-democracy group called the Young Turks.i signed in for a few minutes, just to laugh at you. so, you uhuru people don't want CORD to bother going to court. you've shown such concern. now you want to get rid of Mutunga. and i saw one of you throw a threat in one of your posts on the other thread you all have started trying to get rid of mutunga. the threat was that those who voted for uhuru will not stand for a decision by CJ mutunga. well my lovlies, he is the only CJ we've got and you can't do anything about that. based on how you all are behaving, i'm convinced that you all would like to KILL him if you could. tell your boses that if they should try that, kenyans will let them know how sick tired we are of them and their freaking dead fathers. not even a scratch on our CJ! |
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Post by nowayhaha on Mar 14, 2013 20:32:07 GMT 3
Chief Justice Will Mutunga should disqualify himself from hearing the case due to his political ties with Raila Odinga - -He once worked with Raila Odinga in a pro-democracy group known as the young turks - On record as saying that Kenya’s transition needs Raila as the president of this country and the remarks were a contribution to Railas Biography en.wikipedia.org/wiki/Willy_MutungaIn 1992, Mutunga joined the ranks of the country's pro-democracy Young Turks,[11] which included, among others, Paul Muite, James Orengo, Kiraitu Murungi, Gitobu Imanyara, and Raila Odinga.www.washingtonpost.com/world/africa/election-dispute-big-test-for-kenyas-top-judge-who-once-said-kenya-needs-odinga-as-president/2013/03/12/b233e17c-8b15-11e2-9b1a-deb258a24f2d_story.htmlMutunga’s career as a social and political activist has placed him near Kenya’s top politicians for decades, and he’s shared his opinion on them. One quote from the 2006 book “Raila Odinga: An Enigma in Kenyan Politics” may become an issue for the case he soon presides over. “I am convinced Kenya’s transition needs Raila as the president of this country,” author Babafemi A. Badejo quotes Mutunga as saying.Mutunga knows Odinga well. In the late 1970s, as former Kenyan President Daniel arap Moi consolidated his hold on power, Mutunga was jailed in 1982, the same year Odinga was detained for alleged treason. Later the two joined a pro-democracy group called the Young Turks.i signed in for a few minutes, just to laugh at you. so, you uhuru people don't want CORD to bother going to court. you've shown such concern. now you want to get rid of Mutunga. and i saw one of you throw a threat in one of your posts on the other thread you all have started trying to get rid of mutunga. the threat was that those who voted for uhuru will not stand for a decision by CJ mutunga. well my lovlies, he is the only CJ we've got and you can't do anything about that. based on how you all are behaving, i'm convinced that you all would like to KILL him if you could. tell your boses that if they should try that, kenyans will let them know how sick tired we are of them and their freaking dead fathers. not even a scratch on our CJ!  KK, Laugh all you want but note that Kenyans from all walks of life are questioning the impartiality of CJ when he handles CORDS petition . As stated earlier this can not be wished away -Willy Mutunga was a member of Railas think tank and was one of the individuals who schemed for NARC-Railas party in 2002 and defeated Uhurus -KANU remember at one time they even wanted make him the chairman of NARC .Pray tell me if one of UhuRutos associate or a member of think tank take an example Kitwa Kigen or Kioko Kilikumi became a CJ would it auger well with CORD/ODM supporters if was to preside over the Case ? Apart from the aforementioned cases above 1-Working together with Raila in the pro democracy outfit Young Turks 2-Stating that Kenyas transition requires a Raila presidency As late as August 2010 he was busy lobying through Railas office for the post of Chief Justice by writing letters to ODM operatives -Here is a sample and infact Miguna had it in his book - www.nairobiexposed.com/2013/02/16/willy-mutungas-email-to-orengo-salim-lone-and-miguna-kidneys-for-the-king/Willy Mutunga‘s Email to Orengo, Salim Lone and Miguna, This “Letter by Wiily Mutunga” was apparently sent to Orengo, Salim Lone and Miguna Miguna as written in Miguna’s new book: Kidneys for the King
Monday, August 30,2010 at 13:15pm
Comrades,
For me the question is how Raila intends to be the leader of the reform process and what his strategies are for fighting the anti-reform process. He needs to show this yesterday. There are political risks of course,but in my view Kenyans are ready for such risks. Just as Raila took leadership of the YES brigade,why not tell the Nation his strategies for leading reformers starting with how he is going to appoint people to Kenyan institutions?As Kenyans start lobbying for posts he could tell them what his criteria for recomending appointments will be. Jim (James Orengo) observed that these appointments must give the impression that Raila is actually comfortable with business as usual. AND THAT MEANS WE HAVE LOST HIM TO CONSERVATIVE FORCES. Since the three of you are confidants please let him get the messasge loud and clear.If you want to convene other comrades who may reinforce this message the time is now.
Willy.No one is preventing CORD/ODM from going to courts all we are asking for will the CJ be impartial when the case hearing starts ? Here are some comments from Kenyan blogs about subject matter . " Postby Tactician » Wed Mar 13, 2013 12:57 am
We have heard about the emails in Miguna's recent book.
Now we hear that Mutunga once said that ''I am convinced Kenya's transition needs Raila as the president of this country''
This is instant grounds for recusal of Mutunga from the election petition case.
He may have changed his mind since he uttered these words, which was some years back. But then, justice must not only be done, it must be seen to be done.
If Mutunga sides with CORD in the petition, the Supreme Court will be permanently damaged as half the country will think Mutunga has politicised the court.
If Mutunga rules against CORD, perception will be he is simply going reverse so as to cover what he said in the past.
Either way, neutrality of the court is in question.
He should recuse himself - for the benefit of the court."
"
Postby RV Pundit » Wed Mar 13, 2013 1:05 am
We said eons ago that Mutunga has no option except to recuse himself. He has golden opportunity given we have six judges..which could precipitate a tie...so Mutunga just need to find some excuse not to sit.
Mutunga has also been quoted saying Jaramogi was his political hero.Also CORD top lawyer is Oraro advocate...who is also Mutunga advocate. Also Mutunga is and was Nyongo tenant for many years.And most importantly Mutunga was NARC chief campaigner..a grouping which was against UHURUTO.
Unless Mutunga is .................he just has to step aside on this issue."
Notice that as for now its the foreign media raising such questions but once the petition is filed then Kenyans will follow suit see links below www.usnews.com/news/world/articles/2013/03/12/election-dispute-big-test-for-kenyas-top-judgewww.washingtonpost.com/world/africa/election-dispute-big-test-for-kenyas-top-judge-who-once-said-kenya-needs-odinga-as-president/2013/03/12/b233e17c-8b15-11e2-9b1a-deb258a24f2d_story.htmlnews.yahoo.com/election-dispute-big-test-kenyas-top-judge-130319642.htmlwww.wncn.com/story/21582867/election-dispute-big-test-for-kenyas-top-judgewww.foxnews.com/world/2013/03/12/election-dispute-big-test-for-kenya-top-judge-who-once-said-kenya-needs-odinga/ |
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Post by Omwenga on Mar 14, 2013 20:51:46 GMT 3
This level of panic only goes to prove what we have been saying since the shameless rigging was discovered and that's these rigging masters know they have been caught red-handed and there is nothing they can do to stop the Supreme Court from nullifying the bogus results announced by the obviously compromised IEBC.
All these panicked sideshows are to naught outcome in that regard.
It's a new Kenya and now people can actually appreciate what we have been missing all these decades and that's a system of imparting justice in an impartial, just manner without coercion, intimidation or other criminal conduct.
It's also called a country where the rule of law is paramount and nothing scares law-breakers, thieves and other crooks than the the proper enforcement and application of the law to relevant facts.
When that's done in this case, there will be only one unanimous outcome and that's as stated above but to state it again, it will be the nullification of the bogus results announced by the obviously compromised IEBC purporting to show that Uhuru won when he, in fact, did not--not even close.
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Post by Omwenga on Mar 14, 2013 21:51:22 GMT 3
i signed in for a few minutes, just to laugh at you. so, you uhuru people don't want CORD to bother going to court. you've shown such concern. now you want to get rid of Mutunga. and i saw one of you throw a threat in one of your posts on the other thread you all have started trying to get rid of mutunga. the threat was that those who voted for uhuru will not stand for a decision by CJ mutunga. well my lovlies, he is the only CJ we've got and you can't do anything about that. based on how you all are behaving, i'm convinced that you all would like to KILL him if you could. tell your boses that if they should try that, kenyans will let them know how sick tired we are of them and their freaking dead fathers. not even a scratch on our CJ! KK, Laugh all you want but note that Kenyans from all walks of life are questioning the impartiality of CJ when he handles CORDS petition . As stated earlier this can not be wished away -Willy Mutunga was a member of Railas think tank and was one of the individuals who schemed for NARC-Railas party in 2002 and defeated Uhurus -KANU remember at one time they even wanted make him the chairman of NARC .Pray tell me if one of UhuRutos associate or a member of think tank take an example Kitwa Kigen or Kioko Kilikumi became a CJ would it auger well with CORD/ODM supporters if was to preside over the Case ? Apart from the aforementioned cases above 1-Working together with Raila in the pro democracy outfit Young Turks 2-Stating that Kenyas transition requires a Raila presidency As late as August 2010 he was busy lobying through Railas office for the post of Chief Justice by writing letters to ODM operatives -Here is a sample and infact Miguna had it in his book - www.nairobiexposed.com/2013/02/16/willy-mutungas-email-to-orengo-salim-lone-and-miguna-kidneys-for-the-king/Willy Mutunga‘s Email to Orengo, Salim Lone and Miguna, This “Letter by Wiily Mutunga” was apparently sent to Orengo, Salim Lone and Miguna Miguna as written in Miguna’s new book: Kidneys for the King
Monday, August 30,2010 at 13:15pm
Comrades,
For me the question is how Raila intends to be the leader of the reform process and what his strategies are for fighting the anti-reform process. He needs to show this yesterday. There are political risks of course,but in my view Kenyans are ready for such risks. Just as Raila took leadership of the YES brigade,why not tell the Nation his strategies for leading reformers starting with how he is going to appoint people to Kenyan institutions?As Kenyans start lobbying for posts he could tell them what his criteria for recomending appointments will be. Jim (James Orengo) observed that these appointments must give the impression that Raila is actually comfortable with business as usual. AND THAT MEANS WE HAVE LOST HIM TO CONSERVATIVE FORCES. Since the three of you are confidants please let him get the messasge loud and clear.If you want to convene other comrades who may reinforce this message the time is now.
Willy.No one is preventing CORD/ODM from going to courts all we are asking for will the CJ be impartial when the case hearing starts ? Here are some comments from Kenyan blogs about subject matter . " Postby Tactician » Wed Mar 13, 2013 12:57 am
We have heard about the emails in Miguna's recent book.
Now we hear that Mutunga once said that ''I am convinced Kenya's transition needs Raila as the president of this country''
This is instant grounds for recusal of Mutunga from the election petition case.
He may have changed his mind since he uttered these words, which was some years back. But then, justice must not only be done, it must be seen to be done.
If Mutunga sides with CORD in the petition, the Supreme Court will be permanently damaged as half the country will think Mutunga has politicised the court.
If Mutunga rules against CORD, perception will be he is simply going reverse so as to cover what he said in the past.
Either way, neutrality of the court is in question.
He should recuse himself - for the benefit of the court."
"
Postby RV Pundit » Wed Mar 13, 2013 1:05 am
We said eons ago that Mutunga has no option except to recuse himself. He has golden opportunity given we have six judges..which could precipitate a tie...so Mutunga just need to find some excuse not to sit.
Mutunga has also been quoted saying Jaramogi was his political hero.Also CORD top lawyer is Oraro advocate...who is also Mutunga advocate. Also Mutunga is and was Nyongo tenant for many years.And most importantly Mutunga was NARC chief campaigner..a grouping which was against UHURUTO.
Unless Mutunga is .................he just has to step aside on this issue."
Notice that as for now its the foreign media raising such questions but once the petition is filed then Kenyans will follow suit see links below www.usnews.com/news/world/articles/2013/03/12/election-dispute-big-test-for-kenyas-top-judgewww.washingtonpost.com/world/africa/election-dispute-big-test-for-kenyas-top-judge-who-once-said-kenya-needs-odinga-as-president/2013/03/12/b233e17c-8b15-11e2-9b1a-deb258a24f2d_story.htmlnews.yahoo.com/election-dispute-big-test-kenyas-top-judge-130319642.htmlwww.wncn.com/story/21582867/election-dispute-big-test-for-kenyas-top-judgewww.foxnews.com/world/2013/03/12/election-dispute-big-test-for-kenya-top-judge-who-once-said-kenya-needs-odinga/There is no basis here or anywhere else for that matter for Dr. Mutunga to recuse himself fro rendering a decision on Raila's petition seeking to nullify the bogus announcement by the obviously compromised IEBC that Uhuru won when he, in fact, did not. |
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Post by Mobimba on Mar 14, 2013 22:05:02 GMT 3
Some here make it out as if the SC will be judging a poetry competition between CORD and IEBC/ Jubilee; the one who rhymes best wins. In fact, the SC will be looking at physical and technical data to make their determination. Think of the petition as a chemistry experiment or a mathematical equation. There are no gray areas. Either there's evidence of electoral fraud or there's not. Mutunga, even if he was Raila's brother, cannot help much.
The same folks making noise here expected Raila to go before Gicheru in 2007.
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Post by kamalet on Mar 14, 2013 22:20:56 GMT 3
Willy Mutunga is Chief Justice and President of the Supreme Court of Kenya. That is how he is referred to under the law.
Whenm Justice Mutunga sits on the bench with other justices he is an equal amongst the judges and his decision unless it is with the majority cannot be enforced. Those are the facts.
Now regarding this issue of recusing himself, Mutunga has a brain between his one ear and the other studded ear. He knows his own relations with all the parties in the forthcoming petition and this includes Raila's party (Raila is NOT the petitioner) and its members, the IEBC chairman and his commissioners as well as the lot in Jubilee. It is likely that at one time or other he has had dalliances with them either in support or campaigning against.
So until the supreme court seats, it should not be the calls for recusing himself from the Jubilee lot or support from the Cord side that should determine whether he should recuse himself, it really must be his OWN conscience that should guide him to that decision. Of course Mutunga is within his rights to decide that unless called up to by the petitioner or the respondents to recuse himself he will exercise his right to sit on the bench come the hearing.
When the sittings begin and an application is made by either of the parties, at that point Mutunga MUST make the best and right decision to recuse himself to allow the judges the petitioners have no issue with proceed with the hearing.
But surely it cannot just be Mutunga that we should be making noise about! How about Njoki Ndungu who was nominated MP under Kibaki and bearing in mind the supposed relationship between Uhuru and Kibaki in the run up to the elections! Should she also recuse herself on account of this relationship?
There is the danger of mob lynching of the judges and total ignorance of the fidelity these judges have to the law. Which means that Mutunga can very well rule against Cord if it had a sham case and then risk being called a coward intimidated by Mungiki to rule as he did! The situation could be reversed where he rules against the Jubilee lot and everyone says...we told you he was a Raila man!
End of day is that I would be happy if Mutunga convened a 5 person bench of the supreme court and if it includes him, so be it and then this bench decides this petition once and for all. Kenya needs to move on!!!
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Post by cheshirecat on Mar 14, 2013 23:02:01 GMT 3
Chief Justice Will Mutunga should disqualify himself from hearing the case due to his political ties with Raila Odinga - -He once worked with Raila Odinga in a pro-democracy group known as the young turks - On record as saying that Kenya’s transition needs Raila as the president of this country and the remarks were a contribution to Railas Biography en.wikipedia.org/wiki/Willy_MutungaIn 1992, Mutunga joined the ranks of the country's pro-democracy Young Turks,[11] which included, among others, Paul Muite, James Orengo, Kiraitu Murungi, Gitobu Imanyara, and Raila Odinga.www.washingtonpost.com/world/africa/election-dispute-big-test-for-kenyas-top-judge-who-once-said-kenya-needs-odinga-as-president/2013/03/12/b233e17c-8b15-11e2-9b1a-deb258a24f2d_story.htmlMutunga’s career as a social and political activist has placed him near Kenya’s top politicians for decades, and he’s shared his opinion on them. One quote from the 2006 book “Raila Odinga: An Enigma in Kenyan Politics” may become an issue for the case he soon presides over. “I am convinced Kenya’s transition needs Raila as the president of this country,” author Babafemi A. Badejo quotes Mutunga as saying.Mutunga knows Odinga well. In the late 1970s, as former Kenyan President Daniel arap Moi consolidated his hold on power, Mutunga was jailed in 1982, the same year Odinga was detained for alleged treason. Later the two joined a pro-democracy group called the Young Turks. well my lovlies, he is the only CJ we've got and you can't do anything about that. I have heard that phrase before; many years ago, from the mouth of a rabid nyayo sycophant. Wapende wasipendeInteresting choice of words isn't it. from 'progressive tribalism' to wapende wasipende. Nietzsche would have told you that the abyss you and other (very brave men and women) have spent your lifetimes staring into is looking back into your souls. But Orwell, ohh he would have told you that the pigs have began try out the human mitumba suits; very soon they will be puffing the Embassy Lights contentedly Orwell would have laughed at you. |
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Post by mwalimumkuu on Mar 15, 2013 6:52:57 GMT 3
It is very clear in my mind that CORD has nothing in the proportions that can overturn even a county reps election leave alone a presidential election even if Mutunga wanted to help them. Raila is just being his old self, either his way or the highway. Having lied to his supporters for years and made them believe that he was the proverbial Lwanda Magere, the poor man finds himself in an awkward position without an answer as to how he could lose to UhuRuto.
His attempt is to therefore cause confusion in the hope that he will intimidate everyone in town and be given a chance for a second bite at the cherry or in the worst case scenario create a narrative that he was edged out unfairly. Either way, he will go, his time is up, Kenyans are tired of his antics.
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Post by Omwenga on Mar 15, 2013 8:03:21 GMT 3
It is very clear in my mind that CORD has nothing in the proportions that can overturn even a county reps election leave alone a presidential election even if Mutunga wanted to help them. Fortunately for the rest of us, it's not what's clear or not clear in your mind upon which Cord seeks relief in court; it's rather on the basis of facts and information on hand, otherwise known as concrete evidence which Cord has so much of it evincing flagrant rigging at Bomas, it's been difficult organizing and putting it together in a manageable format and order before submission to the Supreme Court--but that's done now and the petition should be filed any time now. Others not like you and like minded hold a different view and that's, what Raila and Cord are doing is ensuring the democratic gains we have had thanks to Raila's efforts and others like him who have been at the forefront are not rubbished at the whims of a few power hungry individuals who would cling or get to power by any means--and that Raila and Cord will succeed in making sure it doesn't happen, namely, that there is not another power grab by theft in the country. Nonsense not worth responding to at all. All this tells us is you either don't understand the constitution and rights granted therein with respect to challenging elections in which there is evidence of irregularities or anomalies or you know but as usual blabbing for the sake of blabbing notwithstanding facts or truth--here is free counsel to you: neither the constitution nor the law of our country renders itself prone to intimidation. Cord either has a legal case that can nullify the bogus results announced by the obviously compromised IEBC or they don't; no amount of intimidation or confusion is going to produce the only outcome they seek in this mess and that's nullifying the shamelessly reckless and bogus IEBC results purporting to show that Uhuru won when he, in fact, did not win. Kenyans are tired of power grabbers who think they can cling to power or get to it no matter what and against the will of the people who line up for hours to express their will. We have had enough of them, meaning the power grabbers and are tired of them and this time around they, too, will come to finally know it's, indeed, the case that Kenyans have had enough of them. |
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Post by Horth on Mar 15, 2013 9:54:38 GMT 3
Fortunately for the rest of us, it's not what's clear or not clear in your mind upon which Cord seeks relief in court; it's rather on the basis of facts and information on hand, otherwise known as concrete evidence which Cord has so much of it evincing flagrant rigging at Bomas, it's been difficult organizing and putting it together in a manageable format and order before submission to the Supreme Court--but that's done now and the petition should be filed any time now. Seems like your boys ain't as confident as you are. Unconfirmed reports are that CORD at a press briefing at Serena put off the filing of the petition until tomorrow. Maybe still gathering more evidence? Link later. |
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Post by Omwenga on Mar 15, 2013 10:57:41 GMT 3
Fortunately for the rest of us, it's not what's clear or not clear in your mind upon which Cord seeks relief in court; it's rather on the basis of facts and information on hand, otherwise known as concrete evidence which Cord has so much of it evincing flagrant rigging at Bomas, it's been difficult organizing and putting it together in a manageable format and order before submission to the Supreme Court--but that's done now and the petition should be filed any time now. Seems like your boys ain't as confident as you are. Unconfirmed reports are that CORD at a press briefing at Serena put off the filing of the petition until tomorrow. Maybe still gathering more evidence? Link later. Anyone who has seen or is privy to the evidence of massive rigging at Bomas is equally confident of the outcome of the as yet to be filed petition seeking to nullify the bogus results announced by the obviously compromised IEBC purporting to show that Uhuru won when he, in fact, did not. The petition need not be filed until Monday and of course evidence is still coming in so the petition must be modified accordingly and that takes time. When the petition is finally filed is neither here nor there so long as it's filed within the time allowed, which is by Monday in this case. |
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Post by nowayhaha on Mar 19, 2013 10:10:55 GMT 3
President-elect Uhuru Kenyatta’s legal team are understood to be preparing to ask some Supreme Court judges to withdraw from hearing the petition filed by his main rival Raila Odinga. Uhuru is said to have questioned the impartiality of certain judges, in particular the Chief Justice Willy Mutunga, and fears that they could use their alleged close friendship with Raila to annul his victory and order a fresh election. The campaign has also been taken to the social media with some Uhuru supporters discrediting Mutunga as a neutral arbiter in the case. the-star.co.ke/news/article-112533/corridors-power |
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Post by nowayhaha on Mar 20, 2013 18:22:47 GMT 3
standardmedia.co.ke/?articleID=2000079704&story_title=Kenya-Why-CJ-should-not-sit-in-presidential-poll-petitionThe just concluded General Election, the first under the new Constitution captured the imagination of the world as Kenyans lined up in droves and stood for hours to cast their votes. A turnout of above 80 per cent was recorded and the process was almost entirely peaceful. As the final results were announced, celebrations rent the air in several parts of the country after Uhuru Kenyatta was declared President-elect of the Republic of Kenya. As is the norm in any competition, there will always be losers and winners. Of the seven presidential candidates who courted Kenyans to elect them as their leader through a peaceful albeit slow process, six conceded defeat; while the runner-up Raila Odinga discredited the integrity of the electoral process and vowed to fight the results in court. This is well within his constitutional rights and his supporters expected as much from him. Kenyans are now waiting with bated breath as the Supreme Court prepares to hear and determine these disputes as set out in Article 140 of the Constitution. Expectations are high and both sides of the political divide have pledged to accept the outcome of the poll petition. Chief Justice Willy Mutunga has promised Kenyans that Supreme Court is ready to hear this petition and that it will be guided by fairness to both parties. In view of the high expectations that Kenyans have of the Supreme Court, it is imperative that the judges constituting the Bench to hear and determine any petitions relating to the presidential election be beyond reproach and their impartiality be unimpeachable. I have recently read Miguna Miguna’s book Kidneys for the King and what he says about Chief Justice Willy Mutunga. Miguna quotes Mutunga stating as follows, “I have been talking to the old “Young Turks” because if they accept Raila’s leadership [and] the reform forces in civil society and corporate sector, we can build an important movement to capture power in 2012 under Raila’s leadership”. Kenyans must also have noted that in another book, “Raila Odinga: an Enigma in Kenyan politics by Babafemi A. Badejo”, the author quotes Dr Mutunga stating as follows: “Raila is a lot of things. He is an aggressive and astute politician. A great mobiliser and organiser… As a Kenyan leader, he would not just be a spineless sycophant. He would insist on dialogue in the pursuit of Kenyan interest. He also has a vision and roadmap for Kenya unlike other politicians. I am convinced Kenya’s transition needs Raila as President of this country”. From the statements above, which are in the public domain, it is clear Mutunga has a soft spot for Raila Odinga and it is highly unlikely that such visibly displayed affections have dissipated. Such statements raise serious conflict of interest and doubts as to his ability to be impartial in hearing and determining the presidential election petitions before the Supreme Court. It is clear Mutunga has advanced a cause in which Raila is presented as the best man to be President of Kenya. As lawyers will put it, no man should be a judge in his own cause. From the conversation taking place in streets to social media (after you have sifted through the tribal vitriol being spewed there), Kenyans are clear that they want only one thing — justice. Justice is a cardinal virtue of any emerging democracy and Kenyans want the gains the Judiciary has painstakingly made to be built upon so as to advance our democracy, not watered down. Jubilee argues that the will of the people was manifestly reflected during the elections while Cord contends the election was bungled. The Supreme Court is now in the unenviable position of determining where the truth lies. However, the process through which this is done ought to be transparent and free from either actual bias or appearance of such. In light of these facts, wouldn’t it perhaps be prudent that the Chief Justice ought to disqualify himself from participating in hearing the presidential petition? Statements he has made coupled with recent developments concerning a “threatening letter from Mungiki” and the statement he made in response in which he appeared to be campaigning for one presidential candidate casts doubt on his ability to impartially determine the petition without an appearance that he will favour Raila, who is a party in the case. In this regard, justice must not only be done but must also be seen to be done. This need has been emphasised by none other but the Chief Justice of Canada who has stated, “Judicial independence is valued, because it serves important society goals.” “It is a means to secure these goals. One of these goals is the maintenance of public confidence in the impartiality of the Judiciary, which is essential to the effectiveness of the court system. Independence contributes to the perception that justice will be done in individual cases.”
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